Citations Affected: IC 22-11; noncode.
Synopsis: Sale of common fireworks. Removes the penalty for the
possession, transportation, or delivery of common fireworks. Permits
a retailer to sell common fireworks at retail, and amends the categories
of common fireworks, novelties, and trick noisemakers that are
permitted to be sold. Repeals the wholesaler requirements for fireworks
not approved for sale in Indiana. Provides that a person who possesses,
transports, or delivers special fireworks other than as authorized
commits a Class A misdemeanor. Provides that a retailer may not
knowingly sell unapproved fireworks to a person who is less than 18
years old. Provides that a person who is less than 18 years old and
possesses unapproved fireworks commits a Class C misdemeanor.
Provides that a person who, in a state of intoxication, ignites or
discharges certain common fireworks commits a Class C misdemeanor.
Provides that the fire and building safety commission shall adopt rules
for the granting of permits for the possession and use of certain
common fireworks in a park. Provides an exception for municipal
corporations and nonprofit corporations to the requirement that certain
fireworks may only be sold in a permanent structure. Makes
conforming amendments.
Effective: Upon passage.
January 9, 2001, read first time and referred to Committee on Commerce, Economic
Development and Technology.
February 13, 2001, amended, reported _ Do Pass.
February 19, 2001, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
fireworks.
with a small quantity of explosive composition. Upon ignition of a
cigarette containing one of the pegs, a small report is produced.
"Common firework" means a small firework that is designed
primarily to produce visible effects by combustion, and that is required
to comply with the construction, chemical composition, and labeling
regulations promulgated by the United States Consumer Product Safety
Commission under 16 CFR 1507. The term also includes some small
devices designed to produce an audible effect, such as whistling
devices, ground devices containing fifty (50) milligrams or less of
explosive composition, and aerial devices containing one hundred
thirty (130) milligrams or less of explosive composition. Propelling or
expelling charges consisting of a mixture of charcoal, sulfur, and
potassium nitrate are not considered as designed to produce an audible
effect. Common fireworks
(1) include the following:
(A) (1) Ground and hand-held sparkling devices, which
include dipped stick, sticks, certain wire sparklers, cylindrical
fountains, cone fountains, illuminating torches, wheels, ground
spinners, and flitter sparklers.
(B) (2) Aerial devices, which include sky rockets, missile-type
rockets, helicopter or aerial spinners, roman candles, mines,
and shells.
(C) (3) Ground audible devices, which include firecrackers,
salutes, and chasers. and
(D) (4) Firework devices containing combinations of two (2)
or more of the effects described in the preceding three (3)
clauses. and
(2) do not include the following novelties and trick noisemakers:
(A) (5) Snakes or glow worms.
(B) (6) Smoke devices.
(C) (7) Wire sparklers sparkler novelties which contain no
magnesium and which contain less than one hundred (100)
grams of composition per item.
(D) (8) Trick noisemakers, which include party poppers, booby
traps, snappers, trick matches, cigarette loads, and auto burglar
alarms.
"Cone fountain" means a cardboard or heavy paper cone which
contains up to fifty (50) grams of pyrotechnic composition, and which
produces the same effect as a cylindrical fountain.
"Cylindrical fountain" means a cylindrical tube not exceeding
three-quarters (3/4) inch in inside diameter and containing up to
seventy-five (75) grams of pyrotechnic composition. Fountains produce
a shower of color and sparks upon ignition, and sometimes a whistling
effect. Cylindrical fountains may contain a spike to be inserted in the
ground (spike fountain), a wooden or plastic base to be placed on the
ground (base fountain), or a wooden handle or cardboard handle for
items designed to be hand-held (handle fountain).
"Dipped stick" or "wire sparkler" means a common firework that
consists of a stick or wire coated with pyrotechnic composition that
produces a shower of sparks upon ignition. Total pyrotechnic
composition does not exceed one hundred (100) grams per item. Those
devices containing chlorate or perchlorate salts do not exceed five (5)
grams in total composition per item. Wire sparklers which contain no
magnesium and which contain less than one hundred (100) grams of
composition per item are not included in the category of common
fireworks.
"Distributor" means a person who sells fireworks to wholesalers and
retailers for resale.
"Explosive composition" means a chemical or mixture of chemicals
that produces an audible effect by deflagration or detonation when
ignited.
"Firecracker" or "salute" is a device that consists of a small
paper-wrapped or cardboard tube containing not more than fifty (50)
milligrams of pyrotechnic composition and that produces, upon
ignition, noise, accompanied by a flash of light.
"Firework" means any composition or device designed for the
purpose of producing a visible or audible effect by combustion,
deflagration, or detonation. Fireworks consist of common fireworks and
special fireworks. The following items are excluded from the definition
of fireworks:
(1) Model rockets.
(2) Toy pistol caps.
(3) Emergency signal flares.
(4) Matches.
(5) Fixed ammunition for firearms.
(6) Ammunition components intended for use in firearms, muzzle
loading cannons, or small arms.
(7) Shells, cartridges, and primers for use in firearms, muzzle
loading cannons, or small arms.
(8) Indoor pyrotechnics special effects material.
"Flitter sparkler" means a narrow paper tube filled with pyrotechnic
composition that produces color and sparks upon ignition. These
devices do not use a fuse for ignition, but rather are ignited by igniting
the paper at one (1) end of the tube.
friction sensitive. A string protruding from the device is pulled to ignite
it, expelling paper streamers and producing a small report.
"Person" means an individual, an association, an organization, a
limited liability company, or a corporation.
"Pyrotechnic composition" means a mixture of chemicals that
produces a visible or audible effect by combustion rather than
deflagration or detonation. Pyrotechnic compositions will not explode
upon ignition unless severely confined.
"Retail sales stand" means a temporary business site or location that
is a permanent structure having four (4) walls, a floor, a ceiling,
and a foundation where goods are to be sold. However, if the retail
sales stand is run by and the proceeds are for the benefit of a
municipal corporation (as defined in IC 36-1-2-10) or a nonprofit
organization exempt from federal taxation under 501(c)(3) of the
Internal Revenue Code, the temporary business site is not required
to be a permanent structure.
"Retailer" means a person who purchases fireworks for resale to
consumers.
"Roman candle" means a device that consists of a heavy paper or
cardboard tube not exceeding three-eighths (3/8) inch in inside
diameter and that contains up to twenty (20) grams of pyrotechnic
composition. Upon ignition, up to ten (10) "stars" (pellets of pressed
pyrotechnic composition that burn with bright color) are individually
expelled at several-second intervals.
"Sky rocket" means a device that:
(1) consists of a tube that does not exceed one-half (1/2) inch in
inside diameter and that contains up to twenty (20) grams of
pyrotechnic composition;
(2) contains a wooden stick for guidance and stability; and
(3) rises into the air upon ignition, producing a burst of color or
noise at the height of flight.
"Smoke device" means a novelty consisting of tube or sphere
containing pyrotechnic composition that produces white or colored
smoke upon ignition as the primary effect.
"Snake" or "glow worm" means a novelty consisting of a pressed
pellet of pyrotechnic composition that produces a large, snake-like ash
upon burning. The ash expands in length as the pellet burns. These
devices do not contain mercuric thiocyanate.
"Snapper" means a small, paper-wrapped item containing a minute
quantity of explosive composition coated on small bits of sand. When
dropped, the device explodes, producing a small report.
"Special fireworks" means fireworks designed primarily to produce
visible or audible effects by combustion, deflagration, or detonation,
including firecrackers containing more than one hundred thirty (130)
milligrams of explosive composition, aerial shells containing more than
forty (40) grams of pyrotechnic composition, and other exhibition
display items that exceed the limits for classification as common
fireworks.
"Trick match" means a kitchen or book match that has been coated
with a small quantity of explosive or pyrotechnic composition. Upon
ignition of the match, a small report or a shower of sparks is produced.
"Trick noisemaker" means an item that produces a small report
intended to surprise the user.
"Wheel" means a pyrotechnic device that:
(1) is attached to a post or tree by means of a nail or string;
(2) contains up to six (6) driver units (tubes not exceeding
one-half (1/2) inch in inside diameter) containing up to sixty (60)
grams of composition per driver unit; and
(3) revolves, upon ignition, producing a shower of color and
sparks and sometimes a whistling effect.
"Wholesaler" means a person who purchases fireworks for resale to
retailers.
section is not transferable.
(b) A municipality may adopt an ordinance concerning the
conducting and display of indoor pyrotechnics. However, an ordinance
adopted under this subsection may not be more lenient than a rule
adopted by a state agency.
(c) A municipality or an organization that obtains a permit for an
indoor pyrotechnics display from a local governmental entity is not
required to obtain a permit approved by the state fire marshal.
(d) A person who possesses, transports, or delivers special
fireworks, except as authorized under this section, commits a Class A
misdemeanor.
from selling:
(A) at wholesale fireworks not prohibited by this chapter; or
(B) fireworks not approved for sale in Indiana if they are to be
shipped directly out of state within five (5) days of the date of
sale;
(2) the use of fireworks by railroads or other transportation
agencies for signal purposes or illumination;
(3) the sale or use of blank cartridges for:
(A) a show or theater;
(B) signal or ceremonial purposes in athletics or sports; or
(C) use by military organizations;
(4) the intrastate sale of fireworks not approved for sale in Indiana
between interstate wholesalers;
(5) (4) the possession, sale, or disposal of fireworks, incidental to
the public display of Class B special fireworks, by wholesalers or
other persons who possess a permit to possess, store, and sell
Class B 1.3g explosives from the Bureau of Alcohol, Tobacco and
Firearms, United States Department of the Treasury; or
(6) (5) the use of indoor pyrotechnics special effects material
before an indoor or outdoor proximate audience.
(b) For the purposes of this section, a resident wholesaler, importer,
or distributor, is a person who:
(1) is a resident of Indiana;
(2) possesses for resale common fireworks approved or not
approved for sale in Indiana;
(3) is engaged in the interstate sale of common fireworks
described in subdivision (2) as an essential part of a business that
is located in a permanent structure and is open at least six (6)
months each year;
(4) sells common fireworks described in subdivision (2) only to
purchasers who provide a written and signed assurance that the
fireworks are to be shipped out of Indiana within five (5) days of
the date of sale; and
(5) has possession of a certificate of compliance issued by the
state fire marshal under section 5 of this chapter.
(c) A purchaser may not provide a written and signed assurance that
the fireworks purchased are to be shipped out of Indiana and then sell
or use them in Indiana.
(b) A retailer may sell common fireworks at retail, subject to
section 7 of this chapter.
violates section 4(c), 5(c), 5(d), 7 , or 8 of this chapter commits a Class
A misdemeanor.